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Morning all, I would be grateful for your advice please

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  • Morning all, I would be grateful for your advice please

    Dear Sir/Madam

    I have a couple of debts and I would be very grateful for the best way to proceed with these.

    Basically I freelance as a Telemarketing consultant from home and I was doing work for this guy that owns a company based in London and he engaged me to make appointments for his sale staff to sell into.

    Anyway after 2 weeks and major delays for payment ..you know (the cheques in the post scenario) I never received it then he went to the bank and apparently they messed up the bank transfer of around £200 odd pounds so then there was further delay in receiving my payment.

    Anyway he was paying me an hourly rate and then at the drop of a hat he told me to stop work as he wanted to pay me commission only and no more hourly rate so I explained thats not the way I work.

    I then told him he should have given me a weeks notice and he said he's not getting into all that and refused to let me work any notice period, he still hasnt actually given me any notice and I am trying to find out where I stand.

    He also owes me 4 hours work at £12.50 an hour and last night he sent me an email saying the following:

    I have told you and Natalie that we would of course honour the 4 hours you worked once we get the invoice which indeed we will, which equates to £48. You are clearly very desperate money, so as a sign of good will to help you out we will pay £120 for this week you thought you should have worked between the 2 bank holidays.

    However in my eyes he owes me at least £240 as he agreed to pay £120 for the week between the bank holidays when he ceased me from working that week without any notice and then he owes me £120 for the weeks notice he failed to give me and has still failed to give me.

    (in fact the attached document mentions a 3 month probationary period)

    I replied:

    I disagree with that figure Stuart.

    £120 is owed as you have agreed that you will pay me for the time that you failed to pay me for originally i.e the week between the bank holidays and you also owe me 1 weeks pay for failing to give me notice as per your agreement provided to me which I signed and sent back to you.

    Thats £240

    I have attached a copy of part of the agreement that you provided to me.

    Why are you asking for an invoice in full and final settlement?

    If you are not in agreement with me I suggest you go back to MS Law for further advice.

    All I want Stuart is a speedy resolution to this and a promise of when this will be settled.

    I hope you agree to this and we can draw this matter to a close.


    And his reply to me was:



    Jamie

    Actually I have been advised that nothing is due other than the £48 as the contract was more of an employment contract than a freelance agreement. We have now amended our contracts. It was my decision to offer you £120 as clearly as per your previous texts money is really an issue.

    Jamie it's a long road, and really if I was you I would get £120 in my account tomorrow than fight for weeks for £48. You have approached this a little to aggressively as we could have easily done bits of work together in the future, also maybe you should picked up the phone rather than text and email, I am very easy to talk to as you found when we first spoke.

    I leave it to you, you can have the money tomorrow
    Tags: None

  • #2
    Re: Morning all, I would be grateful for your advice please

    You could send him a letter before action advising him that if you do not receive what is due to you you will take him to a small claims court.


    If you were not actually employed but for instance was a freelancer did you give him your terms in writing?

    Normally Freelancers do not get notice unless it is written in the terms of your engagment

    Originally posted by whodareswins View Post
    Dear Sir/Madam

    I have a couple of debts and I would be very grateful for the best way to proceed with these.

    Basically I freelance as a Telemarketing consultant from home and I was doing work for this guy that owns a company based in London and he engaged me to make appointments for his sale staff to sell into.

    Anyway after 2 weeks and major delays for payment ..you know (the cheques in the post scenario) I never received it then he went to the bank and apparently they messed up the bank transfer of around £200 odd pounds so then there was further delay in receiving my payment.

    Anyway he was paying me an hourly rate and then at the drop of a hat he told me to stop work as he wanted to pay me commission only and no more hourly rate so I explained thats not the way I work.

    I then told him he should have given me a weeks notice and he said he's not getting into all that and refused to let me work any notice period, he still hasnt actually given me any notice and I am trying to find out where I stand.

    He also owes me 4 hours work at £12.50 an hour and last night he sent me an email saying the following:

    I have told you and Natalie that we would of course honour the 4 hours you worked once we get the invoice which indeed we will, which equates to £48. You are clearly very desperate money, so as a sign of good will to help you out we will pay £120 for this week you thought you should have worked between the 2 bank holidays.

    However in my eyes he owes me at least £240 as he agreed to pay £120 for the week between the bank holidays when he ceased me from working that week without any notice and then he owes me £120 for the weeks notice he failed to give me and has still failed to give me.

    (in fact the attached document mentions a 3 month probationary period)

    I replied:

    I disagree with that figure Stuart.

    £120 is owed as you have agreed that you will pay me for the time that you failed to pay me for originally i.e the week between the bank holidays and you also owe me 1 weeks pay for failing to give me notice as per your agreement provided to me which I signed and sent back to you.

    Thats £240

    I have attached a copy of part of the agreement that you provided to me.

    Why are you asking for an invoice in full and final settlement?

    If you are not in agreement with me I suggest you go back to MS Law for further advice.

    All I want Stuart is a speedy resolution to this and a promise of when this will be settled.

    I hope you agree to this and we can draw this matter to a close.

    And his reply to me was:



    Jamie

    Actually I have been advised that nothing is due other than the £48 as the contract was more of an employment contract than a freelance agreement. We have now amended our contracts. It was my decision to offer you £120 as clearly as per your previous texts money is really an issue.

    Jamie it's a long road, and really if I was you I would get £120 in my account tomorrow than fight for weeks for £48. You have approached this a little to aggressively as we could have easily done bits of work together in the future, also maybe you should picked up the phone rather than text and email, I am very easy to talk to as you found when we first spoke.

    I leave it to you, you can have the money tomorrow

    Comment


    • #3
      Re: Morning all, I would be grateful for your advice please

      Thanks Tuttsi, No terms from me were provided, basically I answered an ad on People Per Hour...

      What do you think of the agreement he sent me do I have a leg to stand on.

      Also he hasnt actually given me any notice at all and it does say about the 3 month probationary period.

      Am i able to download a letter off a LBA letter from here?

      Thanks

      Jamie

      Comment


      • #4
        Re: Morning all, I would be grateful for your advice please

        We do not have templated letters
        but you should head up your letter
        'LETTER BEFORE ACTION'

        keep it simple, so in bullet points

        1. ! weeks notice owed as per letter of contract £.....
        2. Days money still owed £.....
        3.........
        4.........etc etc

        If you want pop it up here first and someone will help you with this.


        Originally posted by whodareswins View Post
        Thanks Tuttsi, No terms from me were provided, basically I answered an ad on People Per Hour...

        What do you think of the agreement he sent me do I have a leg to stand on.

        Also he hasnt actually given me any notice at all and it does say about the 3 month probationary period.

        Am i able to download a letter off a LBA letter from here?

        Thanks

        Jamie

        Comment


        • #5
          Re: Morning all, I would be grateful for your advice please

          http://en.wikipedia.org/wiki/Employment_Rights_Act_1996

          http://www.thompsonstradeunionlaw.co...redundancy.htm

          Contract of service, or contract for services? (ie, worker or s/employed?)
          Less than 1 year's service? (soon to be 2 years, btw!)
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Morning all, I would be grateful for your advice please

            Hiya, Thanks Charity I assume its self employed and I have always been under that assumption.

            I will attach the full agreement would you be so kind to advise as I dont think these below apply to me?

            I am confused i must be honest.

            Originally posted by charitynjw View Post
            http://en.wikipedia.org/wiki/Employment_Rights_Act_1996

            http://www.thompsonstradeunionlaw.co...redundancy.htm

            Contract of service, or contract for services? (ie, worker or s/employed?)
            Less than 1 year's service? (soon to be 2 years, btw!)

            Comment


            • #7
              Re: Morning all, I would be grateful for your advice please

              Sorry just realised they were upside down, have now done them the right way up

              Comment


              • #8
                Re: Morning all, I would be grateful for your advice please

                Hi whodareswins,

                I have to go out for a while, & my reply would take some time!
                Will look in later!!
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Re: Morning all, I would be grateful for your advice please

                  Hi whodareswins,

                  At a push, I would think that the contract would make you a 'worker', as opposed to s/employed. (For the purposes of the ERA).
                  The confidentiality clause would seem to suggest that you cannot get someone else to do this work on your behalf. (see James v Redcats (Brands) Ltd [2007] IRLR 296)
                  This said, however, unless you qualify for a special reason (ie discrimination, 'whistleblowing', etc), you normally need to be employed for at least one year (at present) to be able to claim via an Employment Tribunal.
                  This does not affect your right to go through a Grievance procedure, though.
                  It may be wise to have a word with Citizens Advice, and/or ACAS re mediation.
                  http://www.acas.org.uk/index.aspx?articleid=1670

                  Hope this helps!
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment

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